Case details

Court: azd
Docket #: 4:08-cv-00421
Case Name: Turner v. Davis Selected Advisers, L.P. et al
PACER case #: 396627
Date filed: 2008-07-28
Date terminated: 2011-06-01
Assigned to: Judge A Wallace Tashima
Case Cause: 29:1109 Breach of Fiduciary Duties
Nature of Suit: 160 Contract: Stockholders Suits
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Donald Turner
Plaintiff
on behalf of the David New York Venture Fund
Daniel W Krasner ,
Wolf Haldenstein Adler Freeman & Herz LLP 270 Madison Ave 9th Floor New York, NY 10016 212-545-4600 Fax: 212-545-4653 Email: krasner@whafh.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert B Weintraub
Wolf Haldenstein Adler Freeman & Herz LLP 270 Madison Ave. New York, NY 10016 212-545-4600 Fax: 212-545-4653 Email: weintraub@whafh.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Francis Joseph Balint , Jr.
Bonnett Fairbourn Friedman & Balint PC - Phoenix, AZ 2325 E Camelback Rd., Ste. 300 Phoenix, AZ 85016 602-274-1100 Fax: 602-274-1199 Email: fbalint@bffb.com
ATTORNEY TO BE NOTICED

Davis Selected Advisers, L.P.
Defendant
Shannon Lori Giles
Law Office of Shannon Giles PLC 2205 E Speedway Blvd Tucson, AZ 85719 520-327-1343 Email: shannon.giles@me.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nicholas G Terris ,
K&L Gates LLP 1601 K St NW Washington, DC 20006 202-778-9000 Fax: 202-778-9100 Email: nicholas.terris@klgates.com
ATTORNEY TO BE NOTICED

Nicole A Baker ,
K&L Gates LLP 1601 K St NW Washington, DC 20006 202-778-9018 Fax: 202-778-9100 Email: nicole.baker@klgates.com
ATTORNEY TO BE NOTICED

Stephen G Topetzes ,
K&L Gates LLP 1601 K St NW Washington, DC 20006 202-778-9328 Fax: 202-778-9100 Email: stephen.topetzes@klgates.com
ATTORNEY TO BE NOTICED

Davis Distributors, LLC
Defendant
Shannon Lori Giles
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nicholas G Terris ,
(See above for address)
ATTORNEY TO BE NOTICED

Nicole A Baker ,
(See above for address)
ATTORNEY TO BE NOTICED

Stephen G Topetzes ,
(See above for address)
ATTORNEY TO BE NOTICED

Davis Selected Advisers LP
Defendant
Shannon Lori Giles
Awerkamp & Bonilla PLC 6891 N Oracle Rd., Ste. 155 Tucson, AZ 85704-4287 520-798-5282 Fax: 520-798-5283 Email: sg@abdilaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nicholas G Terris ,
K&L Gates LLP 1601 K St NW Washington, DC 20006 202-778-9000 Fax: 202-778-9100 Email: nicholas.terris@klgates.com
ATTORNEY TO BE NOTICED

Nicole A Baker ,
K&L Gates LLP 1601 K St NW Washington, DC 20006 202-778-9018 Fax: 202-778-9100 Email: nicole.baker@klgates.com
ATTORNEY TO BE NOTICED

Stephen G Topetzes
K&L Gates LLP 1601 K St NW Washington, DC 20006 202-778-9328 Fax: 202-778-9100 Email: stephen.topetzes@klgates.com
ATTORNEY TO BE NOTICED

Davis Distributors LLC
Defendant
Shannon Lori Giles
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nicholas G Terris ,
(See above for address)
ATTORNEY TO BE NOTICED

Nicole A Baker ,
(See above for address)
ATTORNEY TO BE NOTICED

Stephen G Topetzes
(See above for address)
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2008-07-28 1 0 COMPLAINT. Filing fee received: $ 350.00, receipt number 09700000000002111916, filed by Donald Turner. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Davis Distributors, LLC, # 3 Summons Davis Selected Advisers, L.P.)(Balint, Francis) (Entered: 07/28/2008) 2011-02-16 11:02:52 260cf57ffaa68836f58620828c91a61a8ea62c7c
1 1 Civil Cover Sheet
1 2 Summons Davis Distributors, LLC
1 3 Summons Davis Selected Advisers, L.P.
2008-07-28 2 0 Notice of Availability of a US Magistrate Judge. This case has been assigned to the Honorable John M. Roll. All future pleadings or documents should bear the correct case number: CV-08-421-TUC-JMR. (Attachments: # 1 Corporate Disclosure Form)(BJW, ) (Entered: 07/29/2008)
2008-07-29 3 0 Summons Issued as to Davis Selected Advisers, L.P., Davis Distributors, LLC. (Attachments: # 1 Summons)(BJW, ). *** IMPORTANT: You must select "Document and stamps" or "Document and comments" on the print screen in order for the court seal to appear on the summons you print. (Entered: 07/29/2008)
2008-08-06 4 0 MOTION for Admission Pro Hac Vice as to attorney Robert B Weintraub on behalf of Donald Turner. (BAS, ) (Entered: 08/06/2008)
2008-08-06 5 0 MOTION for Admission Pro Hac Vice as to attorney Daniel Krasner on behalf of Donald Turner. (BAS, ) (Entered: 08/06/2008)
2008-08-06 6 0 ORDER pursuant to General Order 05-25 granting 4 Motion for Admission Pro Hac Vice; granting 5 Motion for Admission Pro Hac Vice.Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS, )(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 08/06/2008)
2008-08-20 7 0 RETURN OF SERVICE of Summons and Complaint served on Davis Distributors on 8/5/2008, filed by Donald Turner. (Friedman, Andrew) (Entered: 08/20/2008)
2008-08-20 8 0 RETURN OF SERVICE of Summons and Complaint served on Davis Selected Advisers, L.P. on 8/5/2008, filed by Donald Turner. (Friedman, Andrew) (Entered: 08/20/2008)
2008-08-25 9 0 STIPULATION for Extension of Time to File Responsive Pleading by Davis Selected Advisers, L.P., Davis Distributors, LLC. (Giles, Shannon) (Entered: 08/25/2008)
2008-08-26 10 0 ORDER granting 9 Stipulation for Extension of Time to File Responsive Pleading: Defendants may have to and including 10/6/08, to file responsive pleading to the Complaint, without prejudice to the Court's holding a scheduling conference under rule 16 of the Federal Rules of Civil Procedure.. Signed by Chief Judge John M Roll on 8/26/08. (KDT, ) (Entered: 08/26/2008)
2008-09-24 11 0 MOTION for Admission Pro Hac Vice as to attorney Nicole A Baker on behalf of Davis Selected Advisers, L.P., and Davis Distributors, LLC. (BAS, ) (Entered: 09/24/2008)
2008-09-24 12 0 MOTION for Admission Pro Hac Vice as to attorney Stephen G Topetzes on behalf of Davis Selected Advisers, L.P., and Davis Distributors, LLC. (BAS, ) (Entered: 09/24/2008)
2008-09-24 13 0 ORDER pursuant to General Order 05-25 granting 11 Motion for Admission Pro Hac Vice; granting 12 Motion for Admission Pro Hac Vice.Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS, )(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 09/24/2008)
2008-10-06 14 0 Corporate Disclosure Statement by Davis Selected Advisers, L.P.. (Topetzes, Stephen) (Entered: 10/06/2008)
2008-10-06 15 0 Corporate Disclosure Statement by Davis Distributors, LLC. (Topetzes, Stephen) (Entered: 10/06/2008)
2008-10-06 16 0 MOTION for Leave to File Excess Pages by Davis Selected Advisers, L.P., Davis Distributors, LLC. (Attachments: # 1 Text of Proposed Order)(Topetzes, Stephen) (Entered: 10/06/2008)
2008-10-06 17 0 MOTION to Dismiss Case by Davis Selected Advisers, L.P., Davis Distributors, LLC. (Topetzes, Stephen) (Entered: 10/06/2008) 2011-05-12 15:01:15 8ef4c740c4b9a3bc029daa55321ce09511069424
2008-10-07 18 0 ORDER granting 16 Motion for Leave to File Excess Pages, and defendant'a are allowed to file their 20 page to Dismiss.. Signed by Chief Judge John M Roll on 10/7/08.(KDT, ) (Entered: 10/07/2008)
2008-10-23 19 0 STIPULATION For Extension of Time to Respond to Defendants' Motion to Dismiss by Donald Turner. (Attachments: # 1 Text of Proposed Order Proposed Order)(Balint, Francis) (Entered: 10/23/2008)
2008-10-24 20 0 ORDER granting 19 Stipulation for Extension of Time to Respond to Defendant's Motion to Dismiss; IT IS HEREBY ORDERED that Pla may have up to & including 12/16/08 to file & serve by ECF his response to Defendant's Motion to Dismiss.. Signed by Chief Judge John M Roll on 10/23/08. (KDT, ) (Entered: 10/24/2008)
2008-12-16 21 0 MOTION for Leave to File Excess Pages for Plaintiff's Motion to Exceed Page Limitation Motion for Leave to File Excess Pages with respect to Plaintiff's Opposition to Defendants' Motion to Dismiss by Donald Turner. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Plaintiff's Motion to Exceed Page Limitation)(Weintraub, Robert) (Entered: 12/16/2008)
2008-12-16 22 0 LODGED Proposed Plaintiff's Memorandum of Points and Authorities in Opposition to Defendants' Motion to Dismiss re: 21 MOTION for Leave to File Excess Pages for Plaintiff's Motion to Exceed Page Limitation Motion for Leave to File Excess Pages with respect to Plaintiff's Opposition to Defendants' Motion to Dismiss, 17 MOTION to Dismiss Case. Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by Donald Turner. (Weintraub, Robert) (Entered: 12/16/2008)
2008-12-16 23 0 ORDER granting 21 Motion for Leave to File Excess Pages and allowing him to file a brief in opposition to Defendants' Motion to Dismiss not to exceed 23 pages.. Signed by Chief Judge John M Roll on 12/16/08.(KDT, ) (Entered: 12/16/2008)
2008-12-24 24 0 STIPULATION re 17 MOTION to Dismiss Case Stipulation for Extension of Time to File Reply in Support of Motion to Dismiss by Davis Selected Advisers, L.P., Davis Distributors, LLC. (Attachments: # 1 Text of Proposed Order)(Giles, Shannon) (Entered: 12/24/2008)
2009-01-05 25 0 ORDER granting 24 Stipulation for Extension of Time to Reply in Support of Motion to Dismiss: IT IS HEREBY ORDERED that defendants may have up to and including 1/27/09, to file a reply in support of the Motion to Dismiss filed on 10/6/08.. Signed by Chief Judge John M Roll on 12/31/08. (KDT, ) (Entered: 01/05/2009)
2009-01-27 26 0 MOTION for Leave to File Excess Pages for Defendants' Reply Memorandum of Points and Authorities in Support of Their Motion to Dismiss by Davis Selected Advisers, L.P., Davis Distributors, LLC. (Attachments: # 1 Text of Proposed Order Proposed Order with Respect to Motion to Exceed Page Limitations)(Topetzes, Stephen) (Entered: 01/27/2009)
2009-01-27 27 0 LODGED Proposed Defendants' Reply Memorandum of Points and Authorities in Support of Their Motion to Dismiss re: 26 MOTION for Leave to File Excess Pages for Defendants' Reply Memorandum of Points and Authorities in Support of Their Motion to Dismiss. Document to be filed by Clerk if Motion to Seal is granted. Filed by Davis Selected Advisers, L.P., Davis Distributors, LLC. (Topetzes, Stephen) Modified on 1/28/2009 (DNO, TO UNSEAL DOC). (Entered: 01/27/2009)
2009-01-29 28 0 ORDER granting 26 Motion for Leave to File Excess Pages. Ordered that dft is allowed to file its Reply Memorandum of Points and Authorities in Support of their Motion to Dismiss not exceeding 12 pages. Signed by Chief Judge John M Roll on 1/28/09.(BAC,) (Entered: 01/29/2009)
2009-01-29 29 0 REPLY in Support re 17 MOTION to Dismiss Case filed by Davis Selected Advisers, L.P., Davis Distributors, LLC. (LMF, ) (Entered: 02/05/2009) 2011-06-23 16:51:08 dd995610f18deed6781e0ceb3e4d0e67df56819f
2009-02-20 30 0 MOTION for Leave to File Supplemental Persuasive Authority by Davis Selected Advisers, L.P., Davis Distributors, LLC. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Topetzes, Stephen) (Entered: 02/20/2009)
2008-12-16 31 0 RESPONSE to Motion re 17 MOTION to Dismiss Case filed by Donald Turner. (BAR, ) (Entered: 03/04/2009) 2011-06-23 16:49:17 d94a16f7c0aa0ca9200a01e9425a8619971212f8
2009-03-09 32 0 RESPONSE to Motion re 30 MOTION for Leave to File Supplemental Persuasive Authority filed by Donald Turner. (Balint, Francis) (Entered: 03/09/2009)
2009-04-23 33 0 AMENDED COMPLAINT Shareholder's Amended Complaint Under Section 36(b) of the Investment Company Act of 1940 against all defendants;Jury Demand, filed by Donald Turner.(Weintraub, Robert) (Entered: 04/23/2009) 2011-02-16 09:54:28 8c378b500eb5f2d7a2ca0357befcb93ea1641bb3
2009-04-27 34 0 ORDER granting 30 Motion for leave to file supplemental authority. Signed by Chief Judge John M Roll on 4/24/09.(KMF, ) (Entered: 04/27/2009)
2009-04-27 35 0 SUPPLEMENTAL Persuasive Authority, filed per 34 Order on Motion for leave to file, by Defendants. (KMF, ) (Entered: 04/27/2009)
2009-05-12 36 0 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT re 33 Amended Complaint by Davis Selected Advisers, L.P., Davis Distributors, LLC. (Attachments: # 1 Text of Proposed Order)(Giles, Shannon) (Entered: 05/12/2009)
2009-05-13 37 0 ORDER granting 36 Stipulation For Extension of Time To Answer Complaint ; Dfts may have to and including 6/22/2009 to file their responsive pleading to the Amended Complaint, filed on 4/23/2009.. Signed by Chief Judge John M Roll on 5/12/09. (JKM, ) (Entered: 05/13/2009)
2009-06-22 38 0 MOTION for Leave to File Excess Pages for Motion to Dismiss Amended Complaint by Davis Selected Advisers, L.P., Davis Distributors, LLC. (Attachments: # 1 Text of Proposed Order)(Topetzes, Stephen) (Entered: 06/22/2009)
2009-06-22 39 0 LODGED Proposed Motion to Dismiss Amended Complaint re: 38 MOTION for Leave to File Excess Pages for Motion to Dismiss Amended Complaint. Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by Davis Selected Advisers, L.P., Davis Distributors, LLC. (Topetzes, Stephen) Modified on 6/23/2009 (JEMB, DOCUMENT NOT IN COMPLIANCE WITH LRCiv 7.1(c); ATTY NOTICED). (Entered: 06/22/2009)
2009-06-22 40 0 LODGED PROPOSED DOCUMENT: DECLARATION of Stephen G. Topetzes re 39 Lodged Proposed Document, by Defendants Davis Selected Advisers, L.P., Davis Distributors, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Topetzes, Stephen) Modified on 6/23/2009 (JEMB, INCORRECT EVENT SELECTED; MODIFIED FROM DECLARATION TO LODGED PROPOSED). (Entered: 06/22/2009)
2009-06-23 41 0 ORDER denying as moot 17 Motion to Dismiss Case. Signed by Chief Judge John M Roll on 6/23/09.(KMF, ) (Entered: 06/23/2009) 2011-06-23 16:57:23 82b5c51ff0ffb939393088ce9fa6834f4b498abd
2009-06-23 42 0 ORDER granting 38 Motion for Leave to File Excess Pages. Signed by Chief Judge John M Roll on 6/23/09.(KMF, ) (Entered: 06/23/2009)
2009-06-23 43 0 MOTION to Dismiss Amended Complaint by Davis Selected Advisers, L.P., Davis Distributors, LLC. (KMF, ) (Entered: 06/23/2009) 2011-02-16 10:36:17 82a3a19c4e73751a520714c9d940c9944f098b6d
2009-06-23 44 0 DECLARATION in Support of 43 MOTION to Dismiss Case by Defendants Davis Selected Advisers, L.P., Davis Distributors, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(KMF, ) (Entered: 06/23/2009)
2009-06-23 45 0 Additional Attachments to 44 Declaration & Exhibits, in support of 43 MOTION to Dismiss Case by Defendants Davis Selected Advisers, L.P., Davis Distributors, LLC. (Main Doc Exhibit F pgs 1-21, Attachments: # 1 Exhibit F pgs 22-39, # 2 Exhibit G, # 3 Exhibit H)(KMF, ) (Entered: 06/23/2009)
2009-07-01 46 0 NOTICE of Change of Address by Shannon Lori Giles (Giles, Shannon) (Entered: 07/01/2009)
2009-07-13 47 0 STIPULATION re 43 MOTION to Dismiss Case Stipulation for Extension of Time to Respond to Defendants Motion to Dismiss by Donald Turner. (Attachments: # 1 Text of Proposed Order)(Friedman, Andrew) (Entered: 07/13/2009)
2009-07-14 48 0 ORDER pursuant to 47 Stipulation for Extension of Time : ORDERED Pla may have up to and including 9/22/09 to file and serve by ECF his response to Dft's Motion to Dismiss. Signed by Chief Judge John M Roll on 7/13/09. (CLJ, ) (Entered: 07/14/2009)
2009-09-22 49 0 MOTION for Leave to File Excess Pages for Plaintiff's Unopposed Motion to Exceed Page Limitation , with respect to Plaintiff's Memorandum in Opposition to Defendants' Motion to Dismiss the Amended Complaint by Donald Turner. (Attachments: # 1 Text of Proposed Order (Proposed) Order Granting Plaintiff's Motion to Exceed Page Limitation)(Weintraub, Robert) (Entered: 09/22/2009)
2009-09-22 50 0 LODGED Proposed Plaintiff's Memorandum of Points and Authorities in Opposition to Defendants' Motion to Dismiss the Amended Complaint re: 49 MOTION for Leave to File Excess Pages for Plaintiff's Unopposed Motion to Exceed Page Limitation , with respect to Plaintiff's Memorandum in Opposition to Defendants' Motion to Dismiss the Amended Complaint, 43 MOTION to Dismiss Case. Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by Donald Turner. (Weintraub, Robert) (Entered: 09/22/2009)
2009-09-25 51 0 ORDER granting 49 Motion for Leave to File Excess Pages; Memorandum of Points and Authorities... my be filed. Signed by Chief Judge John M Roll on 9/25/09.(SGG, ) (Entered: 09/25/2009)
2009-09-25 52 0 MEMORANDUM of Points and Authorities in Opposition to Dfts' Motion to Dismiss the Amended Complaint by Plaintiff Donald Turner. Filed per Order 51 (SGG, ) (Entered: 09/25/2009) 2011-06-23 17:00:34 f8e0c2228284a0501944fb6ca0b1aae4411fe020
2009-10-05 53 0 STIPULATION For Extension of Time To Reply In Support of Defendants' Motion to Dismiss by Davis Distributors, LLC, Davis Selected Advisers, L.P.. (Attachments: # 1 Text of Proposed Order)(Giles, Shannon) (Entered: 10/05/2009)
2009-10-06 54 0 ORDER granting 53 Stipulation for Extension of Time to Reply in Support of Dfts' Motion to Dismiss to 10/30/09. **SEE ATTACHED PDF FOR COMPLETE INFORMATION**. Signed by Chief Judge John M Roll on 10/5/09. (LSI, ) (Entered: 10/06/2009)
2009-10-30 55 0 MOTION for Leave to File Excess Pages by Davis Distributors, LLC, Davis Selected Advisers, L.P.. (Attachments: # 1 Text of Proposed Order)(Topetzes, Stephen) (Entered: 10/30/2009)
2009-10-30 56 0 LODGED Proposed Defendants' Reply Brief in Support of Motion to Dismiss re: 55 MOTION for Leave to File Excess Pages. Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by Davis Distributors, LLC, Davis Selected Advisers, L.P.. (Topetzes, Stephen) (Entered: 10/30/2009)
2009-11-03 57 0 ORDER granting 55 Motion for Leave to File Excess Pages. Dfts are allowed to file their Reply to Plaintiff's Memorandum of Points and Authorities in Opposition to Defendants' Motion to Dismiss the Amended Complaint. Signed by Chief Judge John M Roll on 11/2/09.(SSU, ) (Entered: 11/03/2009)
2009-11-03 58 0 Reply re 52 Memorandum by Defendants Davis Distributors, LLC, Davis Selected Advisers, L.P.. (SSU, ) (Entered: 11/03/2009) 2011-06-23 17:02:50 f44ed0b987d6cc9b7afceb54e637c81da17c4392
2009-12-16 59 0 MOTION for Leave to File Plaintiff's Motion for Leave to File Supplemental Memorandum of Points and Authorities in Opposition to Defendants' Motion to Dismiss the Amended Complaint by Donald Turner. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Plaintiff's Motion for Leave to File Supplemental Memorandum of Points and Authorities in Opposition to Defendants' Motion to Dismiss the Amended Complaint)(Weintraub, Robert) (Entered: 12/16/2009)
2009-12-16 60 0 LODGED Proposed Plaintiff's Supplemental Memorandum of Points and Authorities in Opposition to Defendants' Motion to Dismiss the Amended Complaint re: 59 MOTION for Leave to File Plaintiff's Motion for Leave to File Supplemental Memorandum of Points and Authorities in Opposition to Defendants' Motion to Dismiss the Amended Complaint. Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by Donald Turner. (Weintraub, Robert) (Entered: 12/16/2009)
2009-12-17 61 0 ORDER granting 59 Motion for Leave to File Supplemental Memorandum of Points and Authorities in Opposition to Defendants' Motion to Dismiss the Amended Complaint.. Signed by Chief Judge John M Roll on 12/16/09.(KDT, ) (Entered: 12/17/2009)
2010-01-28 62 0 ORDER denying 43 Motion to Dismiss Case is denied as premature pending the submission of supplemental briefs. Signed by Chief Judge John M Roll on 01/27/10.(LMF) (Entered: 01/28/2010) 2010-06-11 15:54:17 342b6cc75485189fcb8c277278b085fdc1d4e490
2010-02-09 63 0 BRIEF On The Issue of Whether Plaintiff Has Standing to Bring His Claim by Defendants Davis Distributors, LLC, Davis Selected Advisers, L.P.. (Giles, Shannon) (Entered: 02/09/2010) 2011-06-23 19:50:12 6df2a223d4f647b58e397f2b211d863bfebf4766
2010-02-23 64 0 RESPONSE in Opposition re 43 MOTION to Dismiss Case Plaintiff's Supplemental Memorandum Opposing Defendants' Contention that Plaintiff Lacks Standing to Bring 12b-1 Fee Claim filed by Donald Turner. (Weintraub, Robert) (Entered: 02/23/2010) 2011-06-23 17:08:23 faf660ab81a14c595ea05836f0e697755fb5d0e7
2010-03-02 65 0 BRIEF in Reply on Standing by Defendants Davis Distributors, LLC, Davis Selected Advisers, L.P.. (Giles, Shannon) (Entered: 03/02/2010) 2011-06-23 17:10:48 d0971333b03754a2a75ab1a86026a7a11747cf09
2010-03-03 66 0 MOTION for Admission Pro Hac Vice as to attorney Nicholas G Terris on behalf of defendants Davis Distributors, LLC, and Davis Selected Advisers, L.P. (BAS) (Entered: 03/03/2010)
2010-03-03 67 0 ORDER pursuant to General Order 05-25 granting 66 Motion for Admission Pro Hac Vice.Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 03/03/2010)
2010-04-06 68 0 MOTION for Leave to File Plaintiff's Motion To Establish Briefing Schedule For Parties' Analyses Of United States Supreme Court Decision Jones V. Harris by Donald Turner. (Weintraub, Robert) (Entered: 04/06/2010) 2010-08-09 14:27:56 53d9d816008bffb687369ac1659040dea5a910b5
2010-04-06 69 0 Additional Attachments to Main Document re 68 MOTION for Leave to File Plaintiff's Motion To Establish Briefing Schedule For Parties' Analyses Of United States Supreme Court Decision Jones V. Harris (PROPOSED) ORDER GRANTING PLAINTIFF'S MOTION TO ESTABLISH BRIEFING SCHEDULE WITH RESPECT TO JONES V. HARRIS DECISION by Plaintiff Donald Turner. (Weintraub, Robert) (Entered: 04/06/2010) 2010-08-09 14:29:24 df8a0346acae1fbcdfc82cb7ac89cd90d13883e5
2010-04-23 70 0 RESPONSE to Motion re 68 MOTION for Leave to File Plaintiff's Motion To Establish Briefing Schedule For Parties' Analyses Of United States Supreme Court Decision Jones V. Harris filed by Davis Distributors, LLC, Davis Selected Advisers, L.P.. (Giles, Shannon) (Entered: 04/23/2010) 2010-08-09 14:28:31 f5707a4c079aeb76a9ee18ab857516e519768fb0
2010-04-27 71 0 REPLY in Support re 68 MOTION for Leave to File Plaintiff's Motion To Establish Briefing Schedule For Parties' Analyses Of United States Supreme Court Decision Jones V. Harris filed by Donald Turner. (Weintraub, Robert) (Entered: 04/27/2010)
2010-09-07 72 0 ORDER granting 68 Motion to Establish Briefing Schedule. Signed by Chief Judge John M Roll on 9/3/10.(BAR) (Entered: 09/07/2010) 2010-10-12 19:12:04 d50f11b22e0bd08f8534bfd41659a8450efba938
2010-09-27 73 0 BRIEF Pursuant to the Court's September 7 Order Addressing Jones v. Harris by Defendants Davis Distributors, LLC, Davis Selected Advisers, L.P.. (Giles, Shannon) (Entered: 09/27/2010) 2011-03-28 16:34:02 6b51f06d21dc56b3540fd46e6d583591ef070abd
2010-09-27 74 0 RESPONSE in Opposition re 43 MOTION to Dismiss Case Plaintiff's Supplemental Memorandum, Pursuant to the Court's September 7, 2010 Order, in Opposition to Defendants' Motion to Dismiss the Amended Complaint, Concerning the United States Supreme Court Decision in Jones v. Harris, filed by Donald Turner. (Weintraub, Robert) (Entered: 09/27/2010) 2011-06-23 17:14:56 050d244018fa626962b5ac45b031c3b0f399d737
2010-10-04 75 0 BRIEF in Reply Pursuant to the Court's September 7 Order Addressing Jones v. Harris by Defendants Davis Distributors, LLC, Davis Selected Advisers, L.P.. (Giles, Shannon) Modified on 10/6/2010 (BAR, LINKAGE MADE TO ORIGINAL BRIEF. (Entered: 10/04/2010) 2011-06-23 17:16:43 0ca697ea91a5ce36c570bcf3c64ab0004bbcc4be
2010-10-04 76 0 RESPONSE in Opposition re 43 MOTION to Dismiss Case Plaintiff's Reply Memorandum, Pursuant to the Court's September 7, 2010 Order, in Opposition to Defendants' Motion to Dismiss the Amended Complaint, Concerning the United States Supreme Court Decision in Jones v. Harris filed by Donald Turner. (Weintraub, Robert) (Entered: 10/04/2010) 2011-06-23 17:19:45 6911b441178ffd7dd5a2aff6d1e4241e43bd572d
2011-03-04 77 0 ORDER re 43 MOTION to Dismiss Case. Motion Hearing set for 4/21/2011 at 02:15 PM in Courtroom 5D, 405 West Congress Street, Tucson, AZ 85701 before Judge A Wallace Tashima.. Signed by Judge A Wallace Tashima on 03/03/11. (LMF) (Entered: 03/04/2011) 2011-03-28 16:39:03 921d0965c13d17dedbf6cc1d7340dc4dd7ab8240
2011-03-24 78 0 *ORDERED that the oral hearing set for 4/21/11 at 2:15 p.m. is vacated; the hearing is now set for 5/17/11 at 10:00 a.m. to be held at the Richard C. Chambers Ninth Circuit Courthouse, 125 S. Grand Avenue, Pasadena, CA. Signed by Judge A Wallace Tashima on 3/23/11. (BAR) Modified on 3/24/2011 TO REFLECT HEARING DATE OF 5/17/11 AT 10:00 A.M. (BAR)*. *Modified to regenerate NEF on 3/24/2011 (AJD). (Entered: 03/24/2011)
2011-05-10 79 0 AFFIDAVIT in Opposition re 43 MOTION to Dismiss Case Plaintiff's Declaration of Robert B. Weintraub in Opposition to Defendants' Motion to Dismiss the Amended Complaint filed by Donald Turner. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 7, # 8 Exhibit Exhibit 8, # 9 Exhibit Exhibit 9, # 10 Exhibit Exhibit 10)(Weintraub, Robert) (Entered: 05/10/2011)
2011-06-01 80 0 ORDERED granting 43 MOTION to Dismiss Case filed by Davis Selected Advisers LP, Davis Distributors LLC. The Clerk is directed to enter judgment accordingly and to close the case. Defendants shall recover their costs of suit. Signed by Judge A Wallace Tashima on 5/31/11. (BAR) (Entered: 06/01/2011) 2011-06-23 19:02:43 8cba965f347647d750c718b03d6486344005d1f3
2011-06-01 81 0 CLERK'S JUDGMENT - ORDERED AND ADJUDGED pursuant to the Courts Order entered5/31/2011, that Defendants Motion to Dismiss (Doc. 43) is granted as to all counts. Because Plaintiff has not indicated how he could amend his Amended Complaint to state a claim, leave to further amend is denied, and this dismissal is with prejudice. Further ordered that defendants shall recover their costs of suit and this case is closed. Signed on 6/1/11. (BAR) (Entered: 06/01/2011)
2011-06-15 82 0 MOTION for Reconsideration re 80 Order, Plaintiff's Motion for Reconsideration and/or Clarification of Memorandum Order Concerning Section 36(b)'s Damages Period by Donald Turner. (Weintraub, Robert) (Entered: 06/15/2011) 2012-06-15 11:12:44 20bcf47b289aa25db2f580ce734e7b5dc22c3b85
2011-06-15 83 0 LODGED Proposed (Proposed) Order Granting Plaintiff's Motion for Reconsideration and/or Clarification of Memorandum Order (Dkt. 80) Concerning Section 36(b)'s Damages Period re: 82 MOTION for Reconsideration re 80 Order, Plaintiff's Motion for Reconsideration and/or Clarification of Memorandum Order Concerning Section 36(b)'s Damages Period. Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by Donald Turner. (Weintraub, Robert) (Entered: 06/15/2011) 2012-04-05 14:52:50 0c5e1cb777a0f273599f4ba7890ab653428232a6
2011-06-29 84 0 MOTION to Amend/Correct 81 Clerk's Judgment, 80 Order, Plaintiff's Rule 59 Motion to Alter or Amend Judgment and Rule 15 Motion for Leave to Amend the Shareholder's Amended Complaint by Donald Turner. (Attachments: # 1 Exhibit Proposed Shareholder's Second Amended Complaint Under Section 36(b) of the Investment Company Act of 1940, # 2 Text of Proposed Order Proposed Order Granting Plaintiff's Motion, # 3 Exhibit Redline of proposed SAC against operative AC, created by Microsoft Word on computer, # 4 Exhibit Redline of proposed SAC against operative AC, marked by hand)(Weintraub, Robert) (Entered: 06/29/2011) 2012-06-15 11:16:22 a39946236fda0e376f17970210a17023603ebecf
84 1 Exhibit Proposed Shareholder's Second Amended Complaint Under Section 36(b)
84 2 Text of Proposed Order Proposed Order Granting Plaintiff's Motion
84 3 Exhibit Redline of proposed SAC against operative AC, created by Microsoft Word
84 4 Exhibit Redline of proposed SAC against operative AC, marked by hand
2011-06-29 85 0 DECLARATION of Plaintiff's Declaration of Robert B. Weintraub in Support of Rule 59 Motion to Alter or Amend Judgment and Rule 15 Motion for Leave to Amend the Shareholder's Amended Complaint re 84 MOTION to Amend/Correct 81 Clerk's Judgment, 80 Order, Plaintiff's Rule 59 Motion to Alter or Amend Judgment and Rule 15 Motion for Leave to Amend the Shareholder's Amended Complaint MOTION to Amend/Correct 81 Clerk's Judgment, 80 Order, Plaintiff's Rule 59 Motion to Alter or Amend Judgment and Rule 15 Motion for Leave to Amend the Shareholder's Amended Complaint MOTION to Amend/Correct 81 Clerk's Judgment, 80 Order, Plaintiff's Rule 59 Motion to Alter or Amend Judgment and Rule 15 Motion for Leave to Amend the Shareholder's Amended Complaint by Plaintiff Donald Turner. (Attachments: # 1 Exhibit Unpublished decision, In re Lehman Bros. ERISA Litig., Dkt. Item No. 338, Pretrial Order No. 17)(Weintraub, Robert) (Entered: 06/29/2011)
2011-07-18 86 0 *RESPONSE to Motion re 84 MOTION to Amend/Correct 81 Clerk's Judgment, 80 Order, Plaintiff's Rule 59 Motion to Alter or Amend Judgment and Rule 15 Motion for Leave to Amend the Shareholder's Amended Complaint filed by Davis Distributors LLC, Davis Selected Advisers LP. (Giles, Shannon) Modified on 7/19/2011, to delete duplicated text (BAR)*. (Entered: 07/18/2011)
2011-07-18 87 0 DECLARATION of Stephen G. Topetzes In Support Of Defendants' Opposition To Plaintiff's Rule 59(e) Motion To Alter Or Amend Judgment and Rule 15 Motion For Leave To Amend the Shareholder's Amended Complaint re 86 Response to Motion,, by Defendants Davis Distributors LLC, Davis Selected Advisers LP. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Giles, Shannon) (Entered: 07/18/2011)
2011-07-21 88 0 STIPULATION for Extension of Time for Plaintiff to File Reply Memorandum in Support of Rules 59 and 15 Motion by Donald Turner. (Attachments: # 1 Text of Proposed Order Proposed Order)(Weintraub, Robert) (Entered: 07/21/2011)
2011-07-27 89 0 ORDER granting 88 Stipulation :, Reset Deadlines as to 84 MOTION to Amend/Correct 81 Clerk's Judgment, 80 Order, Plaintiff's Rule 59 Motion to Alter or Amend Judgment and Rule 15 Motion for Leave to Amend the Shareholder's Amended Complaint. Reply Memorandum due 8/5/2011. Signed by Judge A Wallace Tashima on 7/26/11. (SMBE) (Entered: 07/27/2011) 2013-02-25 16:13:10 6c7af29621d97398f970ac80a1d64d55f9ce5fac
2011-08-02 90 0 ORDERED re 82 Plaintiff's Motion for Reconsideration and/or Clarification of Memorandum Order Concerning Section 36(b)'s Damages Period filed by Donald Turner, defendants shall file a response to Plaintiff's motion within 14 days from the filing date of this order. Signed by Judge A Wallace Tashima on 8/2/11. (BAR) (Entered: 08/02/2011) 2011-08-11 10:51:39 95586a7257575796e3eb8a4dd3fe06b0f2b47e33
2011-08-05 91 0 *REPLY to Response to Motion re 84 MOTION to Amend/Correct 81 Clerk's Judgment, 80 Order, Plaintiff's Rule 59 Motion to Alter or Amend Judgment and Rule 15 Motion for Leave to Amend the Shareholder's Amended Complaint filed by Donald Turner. (Attachments: # 1 Affidavit Plaintiff's Declaration of Daniel W. Krasner in Support of Rule 59 Motion to Alter or Amend Judgment and Rule 15 Motion for Leave to Amend the Shareholder's Amended Complaint)(Weintraub, Robert) *Modified on 8/8/2011 to remove duplicate language (CSL). (Entered: 08/05/2011)
2011-08-16 92 0 RESPONSE in Opposition re 82 MOTION for Reconsideration re 80 Order, Plaintiff's Motion for Reconsideration and/or Clarification of Memorandum Order Concerning Section 36(b)'s Damages Period filed by Davis Distributors LLC, Davis Selected Advisers LP. (Giles, Shannon) (Entered: 08/16/2011)
2011-08-23 93 0 MOTION to Strike 92 Response in Opposition to Motion, Plaintiff's Motion to Strike Defendants' Opposition Brief (Dkt. 92) to Plaintiff's Motion (Dkt. 82) for Reconsideration by Donald Turner. (Weintraub, Robert) (Entered: 08/23/2011)
2011-08-23 94 0 LODGED Proposed Proposed Order Granting Plaintiff's Motion (Dkt. 93) to Strike Defendants' Opposition Brief (Dkt. 92) to Plaintiff's Motion for Reconsideration (Dkt. 82) re: 93 MOTION to Strike 92 Response in Opposition to Motion, Plaintiff's Motion to Strike Defendants' Opposition Brief (Dkt. 92) to Plaintiff's Motion (Dkt. 82) for Reconsideration. Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by Donald Turner. (Weintraub, Robert) (Entered: 08/23/2011)
2011-08-23 95 0 REPLY to Response to Motion re 82 MOTION for Reconsideration re 80 Order, Plaintiff's Motion for Reconsideration and/or Clarification of Memorandum Order Concerning Section 36(b)'s Damages Period Plaintiff's Reply in Support of Motion for Reconsideration and/or Clarification of Memorandum Order Concerning Section 36(b)'s Damages Period filed by Donald Turner. (Weintraub, Robert) (Entered: 08/23/2011) 2012-06-26 16:27:50 de98fd0d97fa73253f384decb0f25c2983f5c604
2011-09-07 96 0 NOTICE re of Supplemental Authority in Support of Plaintiff's Rule 59 Motion to Alter or Amend Judgment and Rule 15 Motion for Leave to Amend the Shareholder's Amended Complaint by Donald Turner re 84 MOTION to Amend/Correct 81 Clerk's Judgment, 80 Order, Plaintiff's Rule 59 Motion to Alter or Amend Judgment and Rule 15 Motion for Leave to Amend the Shareholder's Amended Complaint . (Attachments: # 1 Exhibit 9th Circuit opinion in Jelinek/Corbi)(Weintraub, Robert) (Entered: 09/07/2011)
2011-09-09 97 0 RESPONSE in Opposition re 93 MOTION to Strike 92 Response in Opposition to Motion, Plaintiff's Motion to Strike Defendants' Opposition Brief (Dkt. 92) to Plaintiff's Motion (Dkt. 82) for Reconsideration filed by Davis Distributors LLC, Davis Selected Advisers LP. (Giles, Shannon) (Entered: 09/09/2011)
2011-09-09 98 0 MOTION to Supplement for Court to Take Judicial Notice by Davis Distributors LLC, Davis Selected Advisers LP. (Giles, Shannon) (Entered: 09/09/2011)
2011-09-09 99 0 DECLARATION of Stephen G. Topetzes In Support of Defendants' Motion for the Court to Take Judicial Notice re 98 MOTION to Supplement for Court to Take Judicial Notice by Defendants Davis Distributors LLC, Davis Selected Advisers LP. (Attachments: # 1 Exhibit 1-10, # 2 Exhibit 11-13)(Giles, Shannon) (Entered: 09/09/2011)
2011-09-09 100 0 LODGED Proposed Order Granting Defendants' Motion for the Court to Take Judicial Notice re: 98 MOTION to Supplement for Court to Take Judicial Notice. Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by Davis Distributors LLC, Davis Selected Advisers LP. (Giles, Shannon) (Entered: 09/09/2011)
2011-09-19 101 0 REPLY to Response to Motion re 98 MOTION to Supplement for Court to Take Judicial Notice, 93 MOTION to Strike 92 Response in Opposition to Motion, Plaintiff's Motion to Strike Defendants' Opposition Brief (Dkt. 92) to Plaintiff's Motion (Dkt. 82) for Reconsideration Plaintiff's Consolidated: Reply in Support of His Motion (Dkt. 93) to Strike and Response in Opposition to Defendants' Motion (Dkt. 98) for the Court to Take Judicial Notice filed by Donald Turner. (Weintraub, Robert) (Entered: 09/19/2011) 2011-10-25 16:37:48 7100b2abd59fdfd854c21803112bf86001ace873
2011-09-26 102 0 NOTICE re Plaintiff's Second Notice of Supplemental Authority by Donald Turner re 84 MOTION to Amend/Correct 81 Clerk's Judgment, 80 Order, Plaintiff's Rule 59 Motion to Alter or Amend Judgment and Rule 15 Motion for Leave to Amend the Shareholder's Amended Complaint Plaintiff's Second Notice of Supplemental Authority, Concerning Bear Stearns decision, in Support of Rule 59 Motion to Alter or Amend Judgment and Rule 15 Motion for Leave to Amend the Shareholder's Amended Complaint. (Attachments: # 1 Exhibit)(Weintraub, Robert) (Entered: 09/26/2011)
2011-09-26 103 0 *Response to Plaintiff's Notice of Supplemental Authority in Support of Rule 59 Motion to Alter or Amend Judgment and Rule 15 Motion for Leave to Amend Amended Complaint by Davis Distributors LLC, Davis Selected Advisers LP re 96 Notice (Giles, Shannon) Modified on 9/27/2011, INCORRECT EVENT (BAR)*. (Entered: 09/26/2011)
2011-09-29 104 0 REPLY to Response to Motion re 98 MOTION to Supplement for Court to Take Judicial Notice filed by Davis Distributors LLC, Davis Selected Advisers LP. (Giles, Shannon) (Entered: 09/29/2011)
2011-10-14 105 0 *RESPONSE re 102 Notice (Other), Defendants' Response to Plaintiff's Second Notice of Supplemental Authority in Support of Rule 59 Motion to Alter or Amend Judgment and Rule 15 Motion for Leave to Amend Amended Complaint by Davis Distributors LLC, Davis Selected Advisers LP (Giles, Shannon) *Modified to correct event on 10/18/2011 (SAT). (Entered: 10/14/2011)
2011-11-16 106 0 NOTICE re Notice of Supplemental Authority Third by Donald Turner re 84 MOTION to Amend/Correct 81 Clerk's Judgment, 80 Order, Plaintiff's Rule 59 Motion to Alter or Amend Judgment and Rule 15 Motion for Leave to Amend the Shareholder's Amended Complaint . (Attachments: # 1 Exhibit USDC SDNY opinion in Brecher v. Citigroup)(Weintraub, Robert) (Entered: 11/16/2011)
2011-12-05 107 0 RESPONSE re 106 Notice (Other), Defendants' Response to Plaintiff's Third Notice of Supplemental Authority in Support of Rule 59 Motion to Alter or Amend Judgment and Rule 15 Motion for Leave to Amend the Shareholder's Amended Complaint by Defendants Davis Distributors LLC, Davis Selected Advisers LP. (Topetzes, Stephen) (Entered: 12/05/2011) 2012-03-29 10:18:42 79b361dc6f1177c0049283d805e0ed0edc4edec6
2012-04-04 108 0 NOTICE of Change of Address by Shannon Lori Giles. (Giles, Shannon) (Entered: 04/04/2012)
2013-03-19 109 0 ORDERED 82 MOTION for Reconsideration and/or Clarification is granted. Further ordered 84 MOTION to Amend/Correct 81 Clerk's Judgment is denied, denying 93 Motion to Strike, granting in part and denying in part 98 Motion for the Court to take Judidicial Notice. Signed by Judge A Wallace Tashima on 3/19/2013. (See order for complete details.)(BAR) (Entered: 03/19/2013) 2015-08-03 20:38:30 599008e16dadf9132641cca8a2e4cdb3447b8baf
2013-04-16 110 0 NOTICE OF APPEAL to 9th Circuit, as to 109 Order on Motion to Strike, Order on Motion to Supplement,, 81 Clerk's Judgment, 80 Order, by Donald Turner. (Weintraub, Robert) (Entered: 04/16/2013)
2013-04-16 111 0 Representation Statement by Donald Turner re: 110 Notice of Appeal . (Weintraub, Robert) (Entered: 04/16/2013)
2013-04-16 112 0 9TH CIRCUIT COURT OF APPEALS Case Number 13-15742 for 110 Notice of Appeal. (JKM) (Entered: 04/17/2013)
2013-04-16 113 0 TIME SCHEDULE ORDER of USCA as to 110 Notice of Appeal filed by Donald Turner. (JKM) (Entered: 04/17/2013) 2013-05-10 12:49:03 dc17bd368e386d9c0f9efe98f6aba829b32168a3
2013-04-18 114 0 USCA Appeal Fees received $ 455 receipt number TUC018751 re: 110 Notice of Appeal filed by Donald Turner. (KAD) (Entered: 04/18/2013)